Unemployment benefits if you resign

49 posts in this topic

 

Actually that leads me to another question for 4 months I was working in a 400€ mini-job when I first arrived. I didn't pay in to the system but I know that my company did... do those months class as the paying-in months?

 

With a 400 € job, the employer pays some taxes, but no unemployment insurance contributions, so that period won't count.

 

 

RainyDays quick question... maybe I am stupid... but why would the aufhebundsvetrag come up on my CV? It will just show I worked until such and such a date and when interviewed for future jobs I will explain that I quit due to husband getting better job and him being the bread-winner I had to f

 

It's just that a Aufhebungsvertrag, which is a mutual agreement to end a work contract, is often used to avoid court cases, thus it doesn't sound good to HR people's ears. The real issue would be the Arbeitsagentur though, because with a Aufhebungsvertrag it's in writing that the employee "collaborated" in ending the job, and this automatically leads to a blocking period (except in cases of mass lay-offs).

 

 

The possibility of wavering the 3 month block due to moving with your spouse - would that extend to living partners or only legally married couples? Also, just how much is health insurance a month roughly if you have to pay for it yourself directly? I am trying to work out how much savings i need in order to cope with a potential 3 months of no income.

 

The quote from the Arbeitsagentur website only mentions spouses (Ehegatten), so it looks like partnerships don't fall under this. I don't know if this also depends on whether the couple is living together or not.

 

The lowest rate for freiwillige public health insurance contributions, i.e. if there is no significant income, is about 140 €/month.

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€140 a month...not too bad actually, cheers for that, was expecting like €500 or something. I remember something in England that if a couple lives together for more than 2 years, in a lot of ways they are treated like a married couple anyway. It may just have been a rumour but didn't know if Germany had something similar. Guess i'll find out soon enough either way.

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Thanks RainyDays. Well in the end, even though my company said it wouldnt be a problem for them to fire me, I decided to just resign to avoid any "lying" problems hihihi. Knowing me and my beginners German I would probably slip up and ruin everything. Plus I wasn't even planning on getting any benefits so thought if i get a few months it is better than nothing so we shall see.

 

Went to the arbeitsamt at 7h30 this morning to make sure I got seen to before work. Only to wait until 8h10 for them to tell me their computers were down and that i would have to come back.. urgh!!!

 

Thanks all for the info though.

 

Amal

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Good luck, Amal. I hope the Arbeitsagentur will waive the blocking period. You can also phone the arbeitsagentur first (1801 - 555 111) for initial registration, and you'll get an appointment later, see Arbeitsagentur. Don't forget to ask for a written reference from your current company and have that checked by someone who is familiar with the requirements for references.

 

TheGman, I should have added that I assume you are currently in the public health insurance system (gesetzlich versichert). Then it's not a problem to continue as freiwillig versichert when unemployed without benefits. Changing from private insurance to public AFAIK wouldn't be possible though.

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Thanks guys for the info so far. I've read everything but am still not sure if "blocking period" applies to me, so I have a question:

 

I work on 6-month contracts, and this time I want to quit by simply not signing the next contract. I'd end work on June 30th, and have another job in prospect, but only from August 1st. I can't work for that month because my 2quitting period" is 6 weeks.

 

Can I get unemployment for 1 month? Will the "blocking period" be applied to me because I didn't sign another 6-month contract? Would the Arbeitsagentur know that I was offered another contract?

 

Thanks.

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Hi all

I am coming to the end of my current contract. I have been offered another contract - although it will not be with my current company but it will be from the mother company. I should remain working with the subsidiary company.

 

My question is if I don't sign this new contract will I get unemployment benefit (I have been working in Germany for over 2 years) or will they view it that I "quit" my job

 

Thanks

 

Sophie

 

[adminmerge][/adminmerge]

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Hi all

I am coming to the end of my current contract. I have been offered another contract - although it will not be with my current company but it will be from the mother company. I should remain working with the subsidiary company.

 

My question is if I don't sign this new contract will I get unemployment benefit (I have been working in Germany for over 2 years) or will they view it that I "quit" my job

 

Thanks

 

Sophie

 

IANAL, but from what I understood on the subject, if you know your contract will come to an end and will not be renewed, you have to let the unemployment office know 3 months in advance, otherwise they will/can apply a penalty of x month(s) benefits.

 

Not wanting to sign a new contract with a "new" company is just that you did not like the new job being offered... just like any job.

 

I think the fact that the company names on the contracts are different is something that you can use to your advantage...

 

I hope the experts will jump in soon and give their opinion, and I really doubt that the topic of not wanting to move between entities has been handled before (as per above automatic suggestion to use the search function).

 

Good luck!

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My question is if I don't sign this new contract will I get unemployment benefit (I have been working in Germany for over 2 years) or will they view it that I "quit" my job

 

The rule is that you dont get benefits for three months if you were actively involved in becoming unemployed, ie. if you resigned with no pressure on you to do so. Theoretically, if your contract runs out then thats not your "fault", but if your comapny wanted to keep you, albeit on a different contract, and the ARGE finds that out, you may have some explaining to do. In practice it would be up to the judgment of your case manager whether you got blocked or not.

 

looking at your sitution beyond benefits, I would really recommend you DON'T not sign the new contract unless you really really dont want to do that job or have something new lined up. Whatever happens its always easier to find a new job if you already have one than from being unemployed (excepting freelancers)

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Hello everyone,

 

I'm considering leaving my current job in Berlin at the end of June. I have been employed there for over four years. I am considering two options: resigning, or asking my employer to fire me. Normally I understand that, from the perspective of receiving unemployment benefits, being fired would be preferable as I could start claiming them immediately, instead of waiting for three months if I resign.

 

However, I will be away from Berlin for 3 months between July and September, meaning that I wouldn't be able to attend the job centre appointments that seem to be required in order to receive benefits; therefore I'm thinking to wait until the end of September to start claiming benefits, even if I were to be fired at the end of June.

 

Considering my situation, would any of the two options (being fired or resigning) be preferable when it comes to my ability to receive benefits for the full duration I'm entitled to (12 months)? Or is there no difference, considering the 3-month lag period?

 

(Another way to phrase my question is: if I get fired and wait for three months to claim unemployment benefits, will it reduce the length of the effective benefits to 9 months?)

 

I've also read that one is supposed to declare their unemployment as soon as they know it; from this perspective, would postponing my claim by three months in the "getting fired" option even be possible?

 

Any other advice that could help me optimise my ability to receive benefits given my situation would be welcome - I will start looking for a new job in september, but knowing that I can be covered on the financial side for an extended period of time would greatly help with stress :)

 

Thank you all in advance!

 

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Hello.

 

I thought better to ask in this thread rather than open a new one.

 

So, I think that it is time for me to leave my job as the past 6 months I have been very bored with my tasks, after a reorganisation that left me with the same role (nominally) but with all my interesting tasks transferred to other people.

 

I have done a few interviews and I am confident that something good will come out of at least one of them.

However I am thinking to give my company my notice period by the end of June, regardless of whether I have found another job or not.

 

So I would like to know if what is written in this thread is still valid 10 years later. 

Is it still true that if I terminate my permanent full-time contract myself ,I can apply and receive unemployment benefits, but the job center can penalise me by cutting them for the first 3 months? In other words, while normally entitled for 12 months of unemployment benefits, at the worst case scenario I will receive the benefits for months 4-12? 

 

Is there something else that I should know? Except for the fact that I am a horrible person etc. :)

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11 minutes ago, lewton said:

So, I think that it is time for me to leave my job as the past 6 months I have been very bored with my tasks

Were you employed in the last two years in D?

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43 minutes ago, franklan said:

Were you employed in the last two years in D?

Non-stop since January 2015.

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58 minutes ago, lewton said:

Is it still true that if I terminate my permanent full-time contract myself ,I can apply and receive unemployment benefits, but the job center can penalise me by cutting them for the first 3 months? In other words, while normally entitled for 12 months of unemployment benefits, at the worst case scenario I will receive the benefits for months 4-12? 

Yes.

 

There are situations when terminating the contract yourself doesn't lead to the three month ban, but the way you describe your situation, there will be a ban, I'm afraid.

 

Let me also point out that applying for a new job has a better perspective when applying while you have a job than applying unemployed. Especially when it comes to negotiating the wage.

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If you give your notice, you'll get a ban.  If you sign an aufhebungsvertrag (you and your employer agree that you quit by a certain date), you will also get a ban.  The only time I know of where you don't get a ban if you quit is if you are being bullied at work and go on sick leave for stress and talk to a doctor / psychologist to get a note for the arbeitsamt.

 

A former coworker actually did this.  She was not actually being bullied, just having problems due to her own mistakes that were costing the employer and they actually wanted to get rid of her but did not have enough write ups to fire her yet.  She knew they wanted her out.  She knew she would get a ban if she quit or signed an aufhebungsvertrag so she went to the doctor and said she was being bullied.  Her fiancé was a lawyer specializing in employee rights btw.  I don't know if the same applies if you quit your job for other medical reasons though.  I guess if that was the case, it would need to be tested if your employer can move you to a different position.

 

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Does anyone know if the employer can cut the salary of someone in order to persuade him/her to leave? 

 

One of my former colleagues said that he got a paycheck cut. I cannot really judge on his performance as I am no longer working with him. However, it got me thinking if the employer can use this tactic to avoid penalties of firing someone. 

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5 minutes ago, WanWhiteWolf said:

Does anyone know if the employer can cut the salary of someone in order to persuade him/her to leave? 

 

Normally not, no.  Of course if someone agrees to cut their wages (its not unheard of to ask for some contract changes and take a pay cut in exchange for example) then its a different matter.   But a simple "hey john, here is your new contract, you are now on 20% less" doesnt work.

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20 hours ago, lewton said:

Is there something else that I should know? 

 

Even if you get the 3 months ban, the Agentur Fur Arbeit will still pay for your health insurance (and I think pension).  As far as I know.

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23 hours ago, franklan said:

There are situations when terminating the contract yourself doesn't lead to the three month ban, but the way you describe your situation, there will be a ban, I'm afraid.

That is fine and I kind of find it fair to get penalised when you made yourself unemployed without your company firing you (or bullying you).

 

23 hours ago, franklan said:

Let me also point out that applying for a new job has a better perspective when applying while you have a job than applying unemployed. Especially when it comes to negotiating the wage.

I know and I am still thinking about it, but still the feeling of getting out of there makes me happy.

 

21 hours ago, LeonG said:

If you give your notice, you'll get a ban.  If you sign an aufhebungsvertrag (you and your employer agree that you quit by a certain date), you will also get a ban.  The only time I know of where you don't get a ban if you quit is if you are being bullied at work and go on sick leave for stress and talk to a doctor / psychologist to get a note for the arbeitsamt.

 

Please clarify: by ban you mean a penalty of a few months or what?

The word ban is quite heavy in this context and is confusing me. :)

 

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48 minutes ago, lewton said:

Please clarify: by ban you mean a penalty of a few months or what?

The word ban is quite heavy in this context and is confusing me. :)

 

 

I think ban isnt the right word.  The normally used german word is Sperrzeit, which roughly translates as blocked time.

 

What normally happens (Im not a lawyer etc) is that a person becoming voluntarily unemployed is not eligable for unemployment benefit for 12 weeks.

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